Case Summaries

Case Notes from Richard E. Freeburn, Esquire, “The Lawyers Lawyer”.

The content on this web page is provided primarily for other lawyers. It is intended to assist other attorneys in keeping current with the latest developments in the law, in regards to personal injury, workers’ compensation and litigation issues. Every week, attorney Dick Freeburn reviews a case summary for his local Bar Association, that you can find here.

At Freeburn Hamilton, we welcome referrals.


No Diversity Jurisdiction Even Though Plaintiff Only Lived in PA for 11 Days.

In Corrrado v. Timber Ridge Health Care Ctr., 3:17-CV-123, 2017 WL 2288858, (M.D. Pa. May 25, 2017), the Court dismissed a suit over a nursing home death due to a lack of subject matter jurisdiction because the parties were both residents of Pennsylvania. 

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A Slip and Fall in a Medical Facility is Not Medical Negligence.

In Galeano v. Susquehanna Health Sys., 1182 MDA 2016, 2017 WL 2197007 (Pa. Super. Ct. May 17, 2017), the Superior Court reversed the trial court’s order granting summary judgement to defendants.

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IME Requirement in Auto Policy of is Void.

In Sayles v. Allstate, 3:16-CV-01534, 2017 WL 1928408, (M.D. Pa. May 10, 2017), District Court Judge Caputo denied Allstate’s motion to dismiss in a potential class action based on a provision in Allstate’s policy.

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Failure to Effectuate Service Within 30 Days Not Necessarily Fatal.

In Fernando Melendez v. The Good Samaritan Hospital et al., 1496 MDA 2015 (Pa. Super May 8, 2017), a non-precedential decision, the Pennsylvania Superior Court reversed an order from the Court of Common Pleas of Lebanon that granted the defendant’s motion for judgement on the pleadings based on defective service in a medical malpractice suit. 

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Statement to State Board of Medicine is Immune from Defamation Suit.

Greenberg v. McGraw,161 A.3d 976, (Pa. Super. May 5, 2017)

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